Planning, Zoning and Development Regulations

PZD-1

PZD-1a: Review zoning requirements and remove restrictions that intentionally or unintentionally prohibit solar PV development. Compile findings in a memo. Examples of restrictions to look for include, but are not limited to height restrictions, set-back requirements, requiring a conditional use permit, and aesthetic requirements. (Required)*

*Pre-requisite for SolSmart designation

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PZD-1c: Earn additional points: Draft proposed language for changes to zoning code based on PZD-1a memo. Involve planners and/or local zoning experts in the creation of the draft language.

5 points

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PZD-1 Help

The zoning ordinance creates statutory limits on what individuals may do with their property as a matter of right and often provides additional processes to consider special exceptions. By removing barriers to solar within the zoning ordinance, including the examples listed in the bullet above, a local government can reduce the cost of solar adoption. In many instances, removing restrictions zoning prohibiting PV development can save property owners time and money because they could avoid going through a more extensive special exception process to have their solar system considered. Examples include: height restrictions, set-back requirements, allowing solar “by-right” in residential and commercial zones without requiring a conditional use permit.

PZD-2a: Post an online document from the Planning/Zoning Department that states accessory use solar PV is allowed by-right in all major zones (e.g. via a zoning determination letter). (Required for Silver, unless PZD-2b is achieved. If PZD-2b is achieved, PZD-2a is not required)

*Pre-requisite for SolSmart Silver and Gold designation

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PZD-2b: Codify in the zoning ordinance that accessory use solar PV is explicitly allowed by-right in all major zones. Zoning ordinance language should not include intentional or unintentional barriers to accessory use solar, such as limits to visibility from public rights-of-way, excessive restrictions to system size, glare studies, subjective design reviews, and neighbor consent requirements. (Required for Gold, optional for Silver)

*Pre-requisite for SolSmart Silver and Gold designation. 20 points.

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PZD-2 Help

PZD-2a The zoning ordinance creates statutory limits on what individuals may do with their property as a matter of right and often provides additional processes to consider special exceptions. While a zoning ordinance change that that codifies solar by-right is a best-case scenario, sometimes this may be impractical or politically difficult to achieve in the short term, or outside of zoning update cycle. Instead of an ordinance change, municipalities may write and publish a zoning determination letter clarifying that the use of solar PV is allowed by-right in all major zones. Allowing solar by-right and as an accessory use in all major zoning categories can increase solar adoption and lower costs for residents and local governments.

PZD-2b The zoning ordinance stipulates how and what a property owner may do with his/her property as a matter of right. Ordinances frequently provide for special exception procedures to consider proposals that are inconsistent with current zoning, which can be long and costly processes. Allowing solar by-right and as an accessory use in all major zoning categories will allow property owners to install solar PV systems as a matter of right as stipulated in the zoning, which can increase solar adoption and lower costs for residents and local governments.

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PZD-3b: Draft proposed language and a timeline for the inclusion of solar PV in existing and/or future plans. Involved planners in the creation of draft language.

5 points

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PZD-3 Help

Planning documents provide the foundation for a community’s vision for how and where it would like future development to occur. Comprehensive, sub-area, and functional plans also provide policy guidance to the local government as it weighs how future government aligns with other planning objectives. Identifying ways to integrate solar PV into these documents (e.g. comprehensive plan, energy plan, and climate plan) is critical step to increasing local adoption.

PZD-4: Provide clear guidance for the installation of solar PV on historic properties and in special overlay districts.

10 points

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Historic districts are generally created as overlay districts on top of the existing zoning category. Typically, the act of creating these districts is accompanied by the development of specific design guidelines that outline how a property owner may modify a structure while maintaining the historical nature of the structure and surrounding neighborhood. Frequently design guidelines can hinder or prevent the installation of solar systems in historic districts.

PZD-5a: Include quantifiable metrics and/or specific actions for solar PV development in the most current version of relevant local plans (e.g. energy plan, climate plan, comprehensive plan).

10 points

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PZD-5b: Develop a primary use solar PV assessment that identifies all feasible sites for large-scale solar PV development within a jurisdiction.

10 points

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The comprehensive plan is a community’s foundational document which guides future local development and is often composed of subsections, such as transportation, housing, and land use. Many states require localities to develop and maintain a comprehensive plan under state law. Localities can also develop functional plans, or stand-alone plans, that address other policy areas. Localities may adopt functional plans addressing energy or climate change which could set goals and/or objectives, and could include specific references to renewable energy such as solar. Since development is governed largely by the components of the comprehensive plan and guided by the policies outlined in other functional plans, it is important for communities to integrate solar specifically in these documents.

PZD-6: Include guidelines for active and passive solar in development regulations (e.g. providing guidance for orientation of structures in subdivision regulations).

10 points

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PZD-6 Help

The orientation and design of a structure can have a large impact on its ability to take advantage of active or passive solar. Communities can encourage the implementation of solar-ready designs in new construction by providing developers with solar-ready construction guidelines.

PZD-7: Provide development incentives for solar PV within the subdivision or zoning process, or as part of other development incentives (e.g., density or height bonuses for buildings that plan to install solar or tax-increment financing).

20 points

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Creating development incentives, such as allowing for increased height or density beyond what is permitted by the underlying zoning, for site with installed solar can provide local developers with an additional motivation to spur solar adoption locally. This can be a particularly useful strategy for communities with high percentages of residents living in multi-family buildings.

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PZD-8 Help

Many communities have underutilized or undeveloped lots, along with contaminated sites, which could be ideal locations for solar development. Communities can create incentives to encourage development by streamlining processes, reducing costs, or providing financial support for development projects on these underutilized sites.

PZD-9: Train planning staff on best practices in planning and zoning for solar PV. Training must have occurred within the past five years.

10 points

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Training staff in planning and zoning best practices for solar can enable them to evaluate the options available for reducing barriers to solar and enable them to customize these best practices to their local context. It is important that policies are transparent, clear, and explicit in order to provide certainty for solar developers and installers.

PZD-10a: Ensure that the zoning ordinance does one or more of the following for accessory use solar:

5 points

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PZD-10b: Permits small ground-mounted solar PV as an accessory use in at least one zoning district.

5 points

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PZD-10 Help

PZD-10a Unless specifically permitted in the zoning code, accessory uses are not allowed within a zone, and this can pose a barrier to installing small ground-mounted systems. Specifically allowing ground-mounted PV as an accessory use in at least one zoning district enables property owners whose roofs are not suitable for solar to still benefit from solar power by installing small ground-mounted systems on their property (e.g. in cases where roofs are in need of being replaced relatively soon, have structural limitations, are shaded, or do not have suitable orientation or layout for solar). Therefore, a pathway for ground-mounted small-scale systems can be helpful.

PZD-10b Height restrictions are often imposed on buildings within specific zoning districts in order to satisfy a number of planning objectives such as protection of views, controlling neighborhood character, density, and development patterns, and sometimes even access to sunlight. In many districts buildings are built up to the maximum allowed height. Many cities exempt certain rooftop equipment from height limits such as antennas, chimneys, flagpoles, and more. Since solar arrays can extend above the height of the roof, particularly for flat-rooved buildings, adding solar to the list of exemptions can provide certainty for property owners.

PZD 10c Since ground-mounted solar is often considered an accessory use, the restrictions that jurisdictions apply on accessory uses would apply to solar. Explicitly exempting ground-mounted solar PV from some of these restrictions can remove potential barriers. Restrictions such as lot coverage, lot setbacks, aesthetic screening requirements, and impervious surface ratios are normally intended to apply to structures such as sheds, accessory dwelling units, and more substantial structures, which could be construed as having more impact on neighbors when built up against lot lines or when covering a larger percentage of the lot. Generally, ground mounted solar does not contribute as significantly to such potential problems.

PZD-11: Post an online factsheet that provides an overview of what zoning allows for solar PV under what conditions (e.g. types and sizes of solar arrays permitted, the processes required, and other relevant information).

5 points

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PZD-11 Help

The zoning ordinance creates statutory limits on what individuals may do with their property as a matter of right and often provides additional processes to consider special exceptions. However, the code can be unclear and difficult to access especially for specific items like solar PV. Posting an online factsheet facilitates the deployment of solar by clarifying exactly what is allowed on buildings. If such a resource is developed for PZD-11, it is important to have a plan in place to keep it updated if zoning text or practices change, as conflicting information could add confusion rather than clarify.

PZD-12a: Ensure that the zoning ordinance establishes a clear regulatory pathway for primary use solar PV (e.g. through a special use permit or through inclusion among allowed conditional uses).

5 points

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PZD-12a Municipalities need to determine specific requirements for primary use solar guidelines, including type of district (e.g. industrial buffer land, land unlikely to be developed for other purposes, low productivity agricultural land) and what types of permits are applicable (e.g. conditional use permits, use permits). Streamlining methods include the adoption of clear standards or special use regulations that address environmental concerns and provide a clear set of guidelines for the solar industry to follow as part of a more predictable approval process.

Please describe your local innovation regarding planning, zoning and development. Be sure to explain how this helps reduce soft cost of solar in your community. Innovative Actions may receive up to 20 points toward designation.(optional)

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